My wife and I have legal separation papers. She left to live elsewhere approximately 2 months ago. She came to visit last night and now refuses to leave. What are my options?

The separation paperwork states that we
are not to reside in the same dwelling.
And she has moved, wasn’t happy there
and then said she was coming to visit
the family for an hour but has now
refused to leave.

Asked on September 22, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Texas does not have 'legal separations.'  In Texas, you are either married or you are not.  If you have agreements, you should file for divorce and move for enforcement of those agreements and request the court to grant you relief consistent with those agreements. If the court grants you this relief, they will reduce those agreements to an order.  Once you have an order in hand, you can have her legally excluded from using your property (or property that you both agreed you could use).  Until there is an order in place, either party has the right to use any community property or access any community property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.